October
3, 2023
8:00
am
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
ADDITIONS,
DELETIONS, & SUBSTITUTIONS
OCTOBER 3, 2023
PAGE ITEM
44 4H *DELETE - Postpone for
11/7/23. Proclamation declaring October
3,
2023
as Wellington Chamber of Commerce Day. (District 6)
44 4J *ADD-ON: Proclamation
declaring October 2023 as National Energy
Awareness
Month (District 1)
51 5F1 *REVISED MOTION / TITLE /
SUMMARY (WAITING FOR
BACKUP) (CAO)
/ Walton Contract / Staff recommends motion to approve: a
Contract for Professional Legal Services with Walton Lantaff Schroeder &
Carson LLP to provide workers’ compensation litigation defense services for
Palm Beach County, Palm Tran Inc., and Constitutional Officers participating in
the County’s Self-Insurance Program for a period retroactive of three
(3) years, beginning to October 31, 2023, and
continuing for three (3) years, with two (2) renewal options each for a term of
one (1) year at the same annual fixed fee of $522,650, plus reasonable
costs and expenses not to exceed three percent (3%) of the total fees $15,679.50
per fiscal year. Summary:
Walton Lantaff Schroeder & Carson LLP currently provides workers’
compensation litigation defense services for Palm Beach County, Palm Tran Inc.,
and Constitutional Officers participating in the County’s Self-Insurance Program.
Their current contract expires on September 30, 2023. Following a competitive
selection process, staff recommends this Contract for Professional Legal
Services be awarded to Walton Lantaff Schroeder & Carson LLP to provide
workers’ compensation litigation defense services beginning October 31,
2023. Countywide (DO)
NOTE: Items that were revised, added, deleted, or backup submitted and were
not listed on the preliminary addition/deletion sheet distributed to the Board
the prior day are noted with an asterisk (*).
* * * * * * * * * * *
BOARD OF COUNTY COMMISSIONERS
BOARD MEETING
PALM BEACH COUNTY, FLORIDA
OCTOBER 3, 2023
TUESDAY COMMISSION
9:30 A.M. CHAMBERS
1. CALL TO ORDER
A. Roll
Call
B. Invocation
C. Pledge
of Allegiance
2. AGENDA APPROVAL
A. Additions,
Deletions, Substitutions
B. Adoption
3. CONSENT AGENDA (Pages 8 - 43)
4. SPECIAL
PRESENTATIONS (Page 44)
5. REGULAR AGENDA (Pages 45 - 51)
6. BOARD APPOINTMENTS (Page 52)
7. STAFF
COMMENTS (Page 53)
8. BCC
COMMENTS (Page 54)
9. MATTERS
BY THE PUBLIC – 2:00 P.M. (Page
55)
10. ADJOURNMENT (Page 56)
* * * * * * * * * * *
OCTOBER 3, 2023
CONSENT AGENDA
B. CLERK & COMPTROLLER
Page 8
3B-1 Warrant
list
3B-2 Minutes
3B-3 Contracts
and claims settlements list
C. ENGINEERING & PUBLIC WORKS
Page 8
3C-1 Resolution declaring the acquisition of fee
simple right-of-way necessary for the construction of roadway improvements on
Old Dixie Highway from Yamato to south of Linton Boulevard.
Page 9
3C-2 Consultant Service Authorization No. 1 with
HSQ Group, LLC for professional services for the Haverhill Road and 45th
Street Intersection Improvements project.
Page 10
3C-3 Contracts for professional services necessary
for construction materials testing, geotechnical engineering and inspection
throughout Palm Beach County.
D. COUNTY ATTORNEY
Page 11
3D-1 Settlement with Estate of Shirley Goldberg.
E. COMMUNITY SERVICES
Page 12
3E-1 Appointment
of two new members and reappointment of one member to the Palm Beach County HIV
Comprehensive AIDS Resource Emergency Act Council.
Page 13
3E-2 Contracts
and Agreements for funding to the Community Services Department to provide
rental and utility assistance and other supportive services through ERAP.
F. AIRPORTS
Page 14
3F-1 Consent
to Sublease documents to sublease space by Signature Flight Support LLC at PBI.
3F-2 Standard
form Hotel-Motel Courtesy Shuttle Operator Permit at PBI listing a summary of
fees and charges.
OCTOBER 3, 2023
TABLE OF CONTENTS
CONSENT AGENDA
F. AIRPORTS
(cont’d.)
Page 15
3F-3 Amendment
No. 1 with AVCON, Inc. for consulting and professional services, and a Budget
Transfer.
Page 16
3F-4 Amendment
for Extension with FDOT for the Public Transportation Grant Agreements.
G. OFFICE OF FINANCIAL MANAGEMENT & BUDGET
Page 16
3G-1 Financial Statements for Fiscal Year ending
September 30, 2022 from the City of Belle Glade Community Redevelopment Agency.
3G-2 Annual Report for the Fiscal Year ending
September 30, 2022 from the Town of Lake Clarke Shores Community Redevelopment
Agency.
Page 17
3G-3 Annual Report for the Fiscal Year ending
September 30, 2021 from the Lake Worth Beach Community Redevelopment Agency.
3G-4 Annual Report for the Fiscal Year ending
September 30, 2022 from Riviera Beach Community Redevelopment.
3G-5 Annual Report for the Fiscal Year ending
September 30, 2021 from West Palm Beach Community Redevelopment Agency.
H. FACILITIES DEVELOPMENT & OPERATIONS
Page 18
3H-1 Contract with Netta Architects, LLC to
provide professional services for Medical Examiner’s Office Building Expansion
project.
Page 19
3H-2 Annual contract with Lanzo Construction Co.
for asphalt, pavers and pathway construction services.
Page 20
3H-3 Annual contract with Trane U.S. Inc. for
heating, ventilation, and air conditioning services.
Page 21
3H-4 Annual contract with J. Ruderman & Co.
LLC for annual indoor air quality remediation services.
Page 22
3H-5 Consultant Services Authorization No. 4 with
Williamson Dacar Associates Inc. for the Belle Glade Palm Tran Parking Lot
project.
OCTOBER 3, 2023
TABLE OF CONTENTS
CONSENT AGENDA
I. HOUSING AND ECONOMIC DEVELOPMENT
Page 23
3I-1 Request for Release of Funds and
Certification on behalf of YMCA Foundation of South Palm Beach Count, Inc.
3I-2 Loan Agreement with Davis Commons, LLC
through the State Housing Investment Partnership Program funds.
Page 24 - 25
3I-3 CDBG Public Service Agreements to provide
services under Fiscal Year 2023-2024 Community Development Block Grant Program.
Page 26 - 27
3I-4 Capital Improvement Agreements funded under
Fiscal Year 2023-2024 Community Development Block Grant Program.
Page 28
3I-5 CDBG Code Enforcement Agreements to provide
code enforcement services under Fiscal Year 2023-2024 Community Development
Block Grant Program.
Page 29
3I-6 CDBG Economic Development Agreement with
Center for Technology, Enterprise and Development, Inc. to provide economic
development services under Fiscal Year 2023-2024 Action Plan for the Community
Development Block Grant Program.
Page 30
3I-7 Economic Development Agreement with Palm
Beach County Black Business Investment Corporation to provide economic
development services.
Page 31
3I-8 Economic Development Agreement with
Business Loan Fund of the Palm Beaches, Inc. to
provide economic
development services.
K. WATER UTILITIES
Page 32
3K-1 Consultant
Services Authorization No. 10 with CDM Smith, Inc. for the Western Region
Consumptive Use Permit Renewal project.
Page 33
3K-2 Ratify
the Mayor’s signature on FDEP Resilient Florida Program grant application, and
delegate County Administrator and/or designee.
OCTOBER 3, 2023
TABLE OF CONTENTS
CONSENT AGENDA
L. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 34
3L-1 Appointment of two members to the Natural
Areas Management Advisory Committee.
Page 35
3L-2 Contract with FWC to provide oyster
monitoring in the Lake Worth Lagoon, and authorize County Administrator and/or
designee.
Page 36
3L-3 Contract with Inwater Research Group for sea
turtle monitoring, and authorize County Administrator and/or designee.
3L-4 Authorize Mayor to sign Certificates of
Appreciation for landowners who sell their environmentally sensitive lands to
the County for preservation.
M. PARKS & RECREATION
Page 37
3M-1 Rental Agreement with DEUTERMANPRODUCTIONS.COM.LLC.
for Dirty Heads Concert at Sunset Cove Amphitheater.
3M-2 Sound and Light Production Service Contractor
Agreement with Sanderford Sound, Inc.
Page 38
3M-3 Project
Agreement Amendment with Florida Inland Navigation District Waterways
Assistance Marina Phase IIB to extend the completion date.
Page 39
3M-4 First Amendment with Indian Trail Improvement
District for the Acreage Community Park South Expansion Project to change the
location of the installation of the artificial turf.
N. LIBRARY
Page 40
3N-1 Subscription Agreement with Creativebug to
provide residents with all-access, no boundaries pass to explore thousands of
classes.
X. PUBLIC SAFETY
Page 40
3X-1 Contract with Dr. Linda Gregard, DVM, PLLC
for relief veterinary services at the main shelter.
Page 41
3X-2 Amendment No. 11 with Florida Council
Against Sexual Violence, and approve a Budget Amendment.
OCTOBER 3, 2023
TABLE OF CONTENTS
CONSENT AGENDA
X. PUBLIC SAFETY (cont’d.)
Page 42
3X-3 Urban Area Security Initiative GY2022 Award
Letter, a Memorandum of Agreement FY2022, and a Budget Amendment.
Z. RISK MANAGEMENT
Page 43
3Z-1 Purchase of Airport Liability Insurance with
Risk Management Associates, Inc.
3Z-2 Actuarial rates per coverage tier for the
County’s self-funded medical CHOICE, HMO, and POS health plans, and the
employee wellness participation cash incentives.
SPECIAL PRESENTATIONS
Page 44
4A Consul General of Italy in Miami
4B Italian American Heritage Month
4C Mobility Week
4D Recognizing Dr. Heidi Schaeffer
4E National Latinx HIV/AIDS Awareness Day
4F National 4-H Week
4G International Creole Day
4H Wellington Chamber of Commerce Day
4I Poverty Awareness Month
4J National Energy Awareness Month*
REGULAR AGENDA
A. ADMINISTRATION
Page 45
5A-1 Proposed 2024 State Legislative Agenda.
B. AIRPORTS
Page 45 - 46
5B-1 Federal Aviation Administration Grant
Agreements, approve Amendment No. 11 with The Morganti Group, Inc. for airport
improvements, and approve a Budget Amendment.
C. ENVIRONMENTAL RESOURCES MANAGEMENT
Page 47
5C-1 2023 update of the Management Plan for Pine
Glades Natural Area.
OCTOBER 3, 2023
TABLE OF CONTENTS
REGULAR AGENDA
D. HOUSING AND ECONOMIC DEVELOPMENT
Page 48
5D-1 “HOUSING FOR ALL” – a Countywide Housing
Action Plan for Palm Beach County.
Page 49
5D-2 Palm Beach County Housing Bond Proceeds
Allocation Process.
E. FACILITIES DEVELOPMENT AND
OPERATIONS
Page 50
5E-1 Agreement to purchase vacant land north of
Indiantown Road and east of Bee Line Highway, and a Memorandum of Agreement.
F. COUNTY ATTORNEY
Page 51
5F-1 Contract with Walton Lantaff Schroeder &
Carson LLP to provide workers’ compensation litigation defense services for PBC
Palm Tran Inc. and services for Constitutional Officers.
BOARD
APPOINTMENTS (Page 52)
STAFF COMMENTS (Page 53)
7A-1 Updated Board Directive Reports.
COMMISSIONER COMMENTS (Page 54)
MATTERS BY THE PUBLIC –
2:00 P.M. (Page 55)
ADJOURNMENT (Page 56)
OCTOBER 3, 2023
B. CLERK
& COMPTROLLER
1. Staff
recommends motion to receive and file:
Warrant List – Backup information can be viewed in the Clerk &
Comptroller’s Office.
2. Staff recommends
motion to approve: the following final minutes of the Board of
County Commissioners’ meetings:
Meeting Date Meeting Type
August
30, 2023 Comp Plan
September
07, 2023 Budget
3. Staff recommends
motion to approve: Contracts (regular) and claim settlements list
as submitted by various departments to the Clerk & Comptroller’s
Office. Countywide
C. ENGINEERING
& PUBLIC WORKS
1. Staff recommends
motion to adopt: a
Resolution declaring the acquisition of fee simple right-of-way designated as
Parcel 105 necessary for the construction of roadway improvements on Old Dixie
Highway from Yamato Road to south of Linton Boulevard (Project). SUMMARY: Adoption of this Resolution will
initiate eminent domain proceedings pursuant to Chapters 73, 74, 127,
and Section 337.27, Florida Statutes,
as amended, against one parcel having a
total appraised value of $223,292. The parcel is necessary for the
Project that will include the addition of curb and gutter, sidewalks,
additional drainage, bridge replacement and traffic signals. The property owner
has not accepted the offer to purchase
made by Palm Beach County and attempts to negotiate the purchase have been
unsuccessful. Eminent domain proceedings are necessary to acquire the parcel at
this time in order to expedite construction of the Project. This Project is
included in the Five-Year Road Program. District 4 (DO)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
2. Staff recommends
motion to approve: Consultant Service Authorization (CSA) No. 1
to the Intersection Improvements Annual Design Services Contract (R2023-0476)
dated April 18, 2023 (Contract) with HSQ Group, LLC (HSQ) in the amount
of $333,956.63 for the Haverhill Road
and 45th Street Intersection Improvements (Project). SUMMARY: Approval of this CSA will provide the professional services necessary for the design of a
northbound to eastbound free flow right turn lane, mast arm traffic
signals, transitions for all approaches of the intersection, survey and
permitting for the Project. On January 5, 2022, the Goal Setting Committee
applied Affirmative Procurement Initiatives of a 20% minimum mandatory Small Business Enterprise (SBE) participation and
an SBE evaluation preference. HSQ agreed to 80% SBE participation for the
Contract. They agreed to 100% SBE participation for this CSA. HSQ has an office
located in Palm Beach County and is a certified SBE company. This Project is
included in the Five-Year Road Program. District 7 (YBH)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
C. ENGINEERING
& PUBLIC WORKS (cont’d.)
3. Staff recommends
motion to approve:
A) the Construction Materials
Testing, Geotechnical Engineering and Inspection Professional Continuing
Services Contract with
Pacifica Engineering Services, LLC (PES) to be in effect for 36 months from the
date of approval by the Board of County Commissioners (BCC);
B) the Construction Materials
Testing, Geotechnical Engineering and Inspection Professional Continuing
Services Contract with
RADISE International, L.C. (RADISE) to be in effect for 36 months from the date
of approval by the BCC;
C) the Construction Materials
Testing, Geotechnical Engineering and Inspection Professional Continuing
Services Contract with
Thomas Geotechnical Services, LLC (TGS) to be in effect for 36 months from the
date of approval by the BCC; and
D) the Construction Materials
Testing, Geotechnical Engineering and Inspection Professional Continuing
Services Contract with GFA
International, Inc. (dba) Universal Engineering Sciences (GFA) to be in effect
for 36 months from the date of approval by the BCC.
SUMMARY: Approval of these contracts will provide the professional services
necessary for construction materials testing, geotechnical engineering and
inspection throughout Palm Beach County (County) on a consultant service
authorization basis. The contract period for these contracts is 36 months from
the date of approval by the BCC. On August 3, 2022, the Goal Setting
Committee applied Affirmative Procurement Initiatives of a 20% minimum
mandatory Small Business Enterprise (SBE) participation and a Minority Business
Enterprise Evaluation Preference for African American owned firms. PES agreed
to 100% SBE participation for their contract. RADISE agreed to 25% SBE participation for their contract. TGS agreed
to 100% SBE participation for their contract. GFA agreed to 40% SBE
participation for their contract. On March 2, 2023, the Consultant’s Competitive Negotiations
Act Selection Committee selected PES, RADISE, TGS and GFA and, in accordance
with PPM No. CW-O-048, the BCC was notified of the selections on March 3, 2023.
PES, RADISE, TGS and GFA have offices located in the County and PES and TGS are
certified SBE companies. Countywide (YBH)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
D. COUNTY
ATTORNEY
1. Staff recommends
motion to approve: full and final settlement and release of
claimant, The Estate of Shirley Goldberg’s personal injury claim, stemming
from an incident involving a Palm Tran bus, for the sum of Two hundred
thousand dollars ($200,000.00). Summary:
On August 18, 2021, at approximately 12:20pm, a Palm Tran bus operated by
Steffon Monroe, exited the Westwinds Shopping plaza
onto Glades Road in Boca and made contact with, Shirley Goldberg, a pedestrian
walking within the crosswalk on Glades Road. Despite significant
lifesaving measures on the scene and at Delray Medical Center, the claimant
succumbed to her injuries shortly after the incident. Countywide
(DO)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
1. Staff recommends
motion to approve: the appointments of two (2) new members and the
reappointment of one (1) current member to the Palm Beach County HIV
Comprehensive AIDS Resources Emergency Act Council (HIV CARE Council),
effective October 3, 2023:
Seat No. 21 24 Seat No. 27 |
Appointment Cecil Smith Cynthia Walker Reappointment Kenny Talbot |
Recommended By HIV CARE Council HIV CARE Council Recommended By HIV CARE Council |
Term Expires 10/02/2026 06/13/2025 Term Expires 10/02/2026 |
Summary: The HIV CARE Council shall establish priorities for the allocation
of funds within PBC; develop a comprehensive plan for the organization and
delivery of health services described in 42 U.S.C. that is compatible with any
existing state or local plan regarding the provision of health services to
individuals with HIV disease. The
U.S. Department of Health and Human Services, Health Resources and Services
Administration (HRSA) requires Palm Beach County to maintain a planning council
tasked with establishing priorities and allocations for the Ryan White HIV/AIDS
Program grant funding that the County receives. The Palm Beach County HIV CARE
Council is the County’s planning council. Federal law requires that the
planning council “shall reflect in its composition the demographics of the
population of individuals with HIV/AIDS in the Eligible Metropolitan Area….” At
least 33% of planning council members must be consumers of Ryan White services
who are unaffiliated with subrecipient service providers. The law also requires
that members of the planning council represent designated categories including:
health care providers; social service providers; community-based organizations;
local public health agencies; non-elected community leaders; and grantees of
Federal HIV programs. The Palm Beach County HIV CARE Council nomination process
is an open process. Per Resolution No. R2018-0015, the total membership for the
HIV CARE Council shall be no more than 33 at-large members. The nominees have
successfully completed the nomination process and the HIV CARE Council
recommends the appointments. Ms. Walker will complete the term of Denise Brown,
who resigned from the HIV CARE Council. The diversity count for the 22 seats
that are currently filled is African-American: 9 (41%), Caucasian: 6 (27%),
Hispanic-American: 6 (27%) and Asian-American: 1 (5%). The gender ratio
(female: male) is 12:10. Mr. Smith and Ms. Walker are African-American. Mr.
Talbot is Caucasian. Staff conducts targeted outreach in an effort to proffer
candidates for appointments who meet HRSA’s requirements. (Ryan White Program) Countywide (HH)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
E. COMMUNITY SERVICES
(cont’d.)
2. Staff recommends
motion to approve:
A) Subrecipient
Agreement with Adopt-A-Family of the Palm Beaches, Inc. (AAF), for the period
September 1, 2023 through September 30, 2025, in an amount not-to-exceed
$385,632, for the provision of rental/utility assistance and other supportive
services to families experiencing homelessness;
B)
Subrecipient Agreement with Vita Nova, Inc. (Vita Nova), for the period
September 1, 2023 through September 30, 2025, in an amount not-to-exceed
$168,080, for the provision of rental/utility assistance and other supportive
services to youth experiencing homelessness; and
C)
Contract for Provision of
Services with Reinstitute, Inc.
(RI), for the period September 1, 2023 through September 30, 2024, in an amount
not-to-exceed $109,975 to facilitate and implement the Reinstitute Emergency
Rental Assistance Program (ERAP) Housing Plus Partnership Training and
Technical Assistance.
Summary: On March 9, 2021, the Board of County
Commissioners (BCC) allocated funding to the Community Services Department (CSD) to provide rental and utility
assistance and other supportive services to individuals and families through
ERAP. During the term of the contracts, AAF will serve approximately 90
unduplicated families with ERAP Housing Plus services and Vita Nova will serve
25 unduplicated youth with ERAP Housing Plus services. CSD will contract RI to
serve as the principal technical assistance (TA) provider and as facilitator of
the meetings of the ERAP Housing Plus program providers. RI is an international
nonprofit organization established in 2007 to help communities swiftly and
effectively address critical social problems via a proven collaborative systems
transformation strategy. The goal of the training is to eliminate
fragmentation, bringing stakeholders together to define and analyze a problem,
develop solutions, and implement the solutions in a rapid timeframe. The
services will include preparation and facilitation of a 2-day workout event and
1-day training event to coordinate services, two quarterly ERAP Homelessness
Housing Plus check-ins, facilitate bi-weekly virtual meetings to track progress
against Specific, Measurable, Attainable, Realistic and Time-based (SMART)
goals to ensure desired outcomes. No
County match is required. (Community Services) Countywide (HH)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
1. Staff recommends
motion to receive and file: Five (5) Consent to
Sublease (Consent) documents, consenting to the sublease of space by Signature
Flight Support LLC (Signature) at the Palm Beach International Airport (PBI),
with the following subtenants:
1.
Abaco Three, LLC effective July 1, 2023;
2.
AS Aviation Holdings, LLC effective May 1, 2023;
3.
Clearbrook Investments, LLC effective July 1, 2023;
4.
Robtoria Aircraft Leasing, LLC effective August 1, 2023;
and
5.
Thomas J Hilfiger c/o T Capital Management, LLC effective
July 1, 2023.
Summary: Signature provides fixed based
operator services for general aviation aircraft at PBI pursuant to a Lease
Agreement dated September 30, 2004 (R2004-1990, as amended). The Lease Agreement provides for the sublease
of space subject to the County’s consent.
Delegation of authority for execution of the standard form consent to
sublease was approved by the Board in R94-1453.
Countywide (AH)
2. Staff recommends
motion to receive and file: a summary of fees and charges commencing
October 1, 2023 for the standard form Hotel-Motel Courtesy Shuttle Operator
Permit (Permit) at the Palm Beach International Airport (PBI), pursuant to
Resolution 2017-1020. Summary: Commencing October 1, 2023, the annual fee for new or renewed Permits
will increase by five percent (5%), from $230 to $242. Delegation of authority
for increases to the annual fee not to exceed 5% per year without further
action by the Board was approved in R2017-1020. Countywide (AH)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
3. Staff recommends
motion to approve:
A) Amendment No. 1 to
the General Consulting Agreement with AVCON, Inc. (AVCON) for Consulting/
Professional Services in the amount of $449,162.38 for the continued
performance of professional planning and design services related to the
approved Palm Beach County Airports Capital Improvement Program; and
B) a Budget Transfer
in the amount of $449,163 in the Airport’s Improvement and Development Fund to
provide budget for the project; including a transfer from Reserves in the
amount of $449,163.
Summary: The Consulting Agreement with AVCON for general
airport planning and design was approved by the Board on September 13, 2022
(R2022-0102) in the amount of $796,697.19 in order to carry out the approved
Capital Improvement Programs for the County’s Airports. Approval of Amendment
No. 1 will provide an additional $449,162.38 to complete the following tasks: Task I Services – PBI Air Handler Unit Phase 2
(Design) and Task III Services. Work to be completed under Task
III Services will be issued in accordance with PPM CW-F-050, by way of a
separate proposal or task authorization.
AVCON is an Orlando, Florida based firm; however, the majority of the work to
be completed in this agreement will be completed and/or managed through their
Boca Raton, Florida offices in conjunction with several Palm Beach County-based
sub-consultants and firms. On September
1, 2021, the Goal Setting Committee set an Affirmative Procurement Initiatives
(API) for this contract of a mandatory SBE goal of 20%. AVCON is a State of Florida certified MBE
firm and has committed to 37.75% SBE participation for this agreement. The anticipated SBE participation
based upon the previous approved tasks is 58.32%. The SBE participation for
this Amendment is 45.71%. Countywide (AH)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
F. AIRPORTS
(cont’d.)
4. Staff recommends
motion to receive and file: An Amendment for
Extension of the following Public Transportation Grant Agreements (PTGAs) with
the Florida Department of Transportation (FDOT). Delegation of authority for execution of the
Amendments for extension of the PTGAs was approved by the Board on August 25,
2020 (R2020-1017):
A) Emergency Generator
for Fuel System at Palm Beach County Glades Airport (PHK), Financial Project
Number 445445-1-94-01 approved by the Board on April 16, 2019 (R2019-0498 and
R2019-0499), until June 30, 2024;
B) Runway 10-28
(formerly Runway 9-27) Rehab at Palm Beach County Park Airport (LNA), Financial
Project Number 440102-1-94-01 approved by the Board December 3, 2019 (R2019-1841
and R2019-1842), until July 31, 2024; and
C) Construct Additional Tie-Down/Transient
Apron at North Palm Beach County General Aviation Airport (F45), Financial
Management Number 433143-2-94-01 approved by the Board June 8, 2021
(R2021-0745), until July 31, 2025.
Summary: Item
A provides for a back-up emergency generator capable of operating the
airport-owned fueling system at PHK in the event that commercial power is
lost. Item B provides for the pavement
rehabilitation activities on Runway 10-28 at LNA to extend the useful life of
the pavement. Item C will provide
additional tie-down/transient aircraft parking apron at F45 to accommodate
existing and forecasted demand. The Amendment for Extension of the PTGAs extend
the availability of grant funding to allow for the completion of various
airport projects. Countywide (AH)
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET
1. Staff recommends
motion to receive and file: The Financial Statements for the Fiscal Year
ending September 30, 2022 from the City of Belle Glade Community Redevelopment
Agency (BG CRA). Summary: The BG CRA has submitted its
Financial Statements for the Fiscal Year ending September 30, 2022 as per
section numbers 163.356(3)(d) and 163.387(8), Florida Statutes. Countywide (DB).
2. Staff recommends
motion to receive and file: The Annual Report for the Fiscal Year ending
September 30, 2022 from the Town of Lake Clarke Shores Community Redevelopment
Agency (LCS CRA). Summary: The LCS CRA has submitted
its Annual Report for the Fiscal Year ending September 30, 2022 as per section
numbers 163.356(3)(d) and 163.387(8), Florida Statutes. Countywide (DB).
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
G. OFFICE
OF FINANCIAL MANAGEMENT & BUDGET (cont’d.)
3. Staff recommends
motion to receive and file: The Annual Report
for the Fiscal Year ending September 30, 2021 from the Lake Worth Beach
Community Redevelopment Agency (LWB CRA).
Summary: The LWB
CRA has submitted its Annual Report for the Fiscal Year ending September 30,
2021 as per section numbers 163.356(3)(d) and 163.387(8), Florida
Statutes. Countywide (DB).
4. Staff recommends
motion to receive and file: The Annual Report for the Fiscal Year ending
September 30, 2022 from Riviera Beach Community Redevelopment Agency (RB
CRA). Summary: The RB CRA has submitted its Annual Report for
the Fiscal Year ending September 30, 2022 as per section numbers 163.356(3)(d)
and 163.387(8), Florida Statutes. Countywide
(DB).
5. Staff recommends
motion to receive and file: The Annual Report
for the Fiscal Year ending September 30, 2021 from the West Palm Beach
Community Redevelopment Agency (WPB CRA).
Summary: The WPB
CRA has submitted its Annual Report for the Fiscal Year ending September 30,
2021 as per section numbers 163.356(3)(d) and 163.387(8), Florida
Statutes. Countywide (DB).
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS
1. Staff recommends motion
to approve: a contract with Netta Architects, LLC (Consultant)
in the amount of $1,535,741 to provide professional services for planning,
programming, design, permitting and construction administration services for
the Medical Examiner’s Office (MEO) Building Expansion project. Summary:
The MEO building is located at 3126 Gun Club Road, West Palm Beach, on the
northeast corner of the County’s Criminal Justice Complex. As a result of the
existing and projected operational demands of the MEO, an expansion was deemed
necessary in order to properly support operations. The MEO Building Expansion
project includes, but is not limited to, renovations to approximately 5,815
square feet of the existing administrative building to convert it into morgue
space, construction of a new approximately 10,000 square feet administrative
building and the construction of a new parking structure for approximately 100
vehicles to serve the expanded facility and replace surface parking lost within
the footprint of the planned improvements. This contract authorizes the
professional services necessary for the MEO Building Expansion project.
Professional services include architectural/engineering services for site
planning, interior space planning, design, permitting and construction
administration services. The solicitation for design professionals was
advertised on February 5, 2023 according to the Equal Business Opportunity
(EBO) Ordinance, with final selection on May 8, 2023. The project was presented
to the Goal Setting Committee on December 7, 2022. The Committee established
Affirmative Procurement Initiatives (APIs) of a mandatory minimum participation
goal of 20% Small Business Enterprise (SBE) participation and an SBE Evaluation
Preference. The Consultant committed to 22% SBE participation for this
contract. SBE participation for the project is 28.80%. The Consultant is a
local firm. Funding for this project is from the 47.315M NAV Pub Imp Rev Bonds,
23C, CP, Var Fac Proj Fund. (Capital Improvements Division) District
3 (MWJ)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
2. Staff recommends
motion to approve: an annual contract with the following contractor for
asphalt, pavers and pathway construction services on an as-needed basis through
May 15, 2028.
Contractor Status SBE or Non-SBE
Lanzo Construction Co., Florida
dba Lanzo Construction Company Non-Local Non-SBE
Summary: On May 16, 2023,
the Board of County Commissioners (Board) approved the annual asphalt, pavers
and pathway construction services contract. The work consists of asphalt,
pavers and pathway construction services to County-owned properties on an as needed
basis. The Contractor now joins the list of three (3) prequalified contractors
for a total of four (4) prequalified contractors with a contract expiration
date of May 15, 2028. The specific requirements of the work will be determined
by individual work orders issued against this annual asphalt, pavers and
pathway construction services contract. These contracts are five (5) year
indefinite-quantity contracts with a maximum cumulative value of $3,000,000
across all prequalified contractors. Work will be awarded as work orders on a
lump-sum, competitively bid basis across all prequalified contractors.
Contractors may qualify at any time and be added to this annual asphalt, pavers
and pathway construction services contract before the term ends. Projects less
than $100,000 are bid among the pool of certified Small Business Enterprise
(SBE) contractors, when three (3) or more small businesses are qualified under
the contract. Projects $100,000 or
greater are advertised on the vendor self-service (VSS) website and are bid
among the pool of pre-qualified contractors while projects $200,000 or greater
are advertised on the VSS website and additionally advertised in the newspaper.
The bidding pool is further expanded, for projects $100,000 or greater, to
include additional bidders responding to the specific project advertisement
that submit a qualification application at least ten (10) calendar days before
the bid due date. The annual asphalt, pavers and pathway construction services
contract was presented to the Goal Setting Committee on January 4, 2023 and the
Committee established Affirmative Procurement Initiatives (APIs) of sheltered
market for projects less than $100,000 (when three (3) or more small businesses
are qualified under the annual contract) or an SBE contractor will be given a
price preference for projects $100,000 or greater if its bid is within 10% of
the lowest non-small business bid. Actual Small/Minority/Women Owned Business
Enterprise (S/M/WBE) participation will be identified on each work order, and
will be tracked cumulatively for all work orders issued. (Capital
Improvements) Countywide (MWJ)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
3. Staff recommends
motion to approve: an annual contract with the following contractor for
Heating, Ventilation and Air Conditioning (HVAC) services on an as-needed basis
through January 6, 2025.
Contractor Status SBE
or Non-SBE
Trane U.S. Inc. Local Non-SBE
Summary: On January 7,
2020, the Board of County Commissioners (Board) approved the annual HVAC
contract (R2020-0019 through R2020-0023). The work consists of HVAC services
related to system and component installations, upgrades, replacements,
modifications and repairs to County-owned properties on an as needed basis. The
Contractor now joins the list of twenty-one (21) prequalified contractors for a
total of twenty-two (22) prequalified contractors with a contract expiration
date of January 6, 2025. The specific requirements of the work will be
determined by individual work orders issued against this annual HVAC contract.
These contracts are five (5) year indefinite-quantity contracts with a maximum
cumulative value of $23,000,000 across all prequalified contractors. Work will
be awarded as work orders on a lump-sum, competitively bid basis across all
prequalified contractors. Contractors may qualify at any time and be added to
this annual HVAC contract before the term ends. Projects less than $100,000 are
bid among the pool of certified Small Business Enterprise (SBE) contractors,
when three (3) or more small businesses are qualified under the contract. Projects $100,000 or greater are advertised
on the vendor self-service (VSS) website and are bid among the pool of
pre-qualified contractors while projects $200,000 or greater are advertised on
the VSS website and additionally advertised in the newspaper. The bidding pool
is further expanded, for projects $100,000 or greater, to include additional
bidders responding to the specific project advertisement that submit a
qualification application at least ten (10) calendar days before the bid due
date. The annual HVAC contract was presented to the Goal Setting Committee on
August 21, 2019 and the Committee established Affirmative Procurement
Initiatives (APIs) of sheltered market for projects less than $100,000 (when
three (3) or more small businesses are qualified under the annual contract) or
an SBE contractor will be given a price preference for projects $100,000 or
greater if its bid is within 10% of the lowest non-small business bid. Actual
Small/Minority/Women Owned Business Enterprise (S/M/WBE) participation will be
identified on each work order, and will be tracked cumulatively for all work
orders issued. To date, the cumulative S/M/WBE participation for all work
orders under the annual HVAC contract is 27.53%. (Capital Improvements) Countywide
(MWJ)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
4. Staff recommends
motion to approve: an annual contract with the following contractor for
annual Indoor Air Quality (IAQ) remediation services on an as-needed basis
through August 21, 2028.
Contractor Status SBE
or Non-SBE
J. Ruderman & Co. LLC
dba Servpro of South Palm Beach Local Non-SBE
Summary: On August 22,
2023, the Board of County Commissioners (Board) approved the annual IAQ
remediation services contract. The work consists of indoor air quality,
infectious disease and blood borne pathogen remediation services on an as
needed basis. The Contractor now joins the list of six (6) prequalified
contractors for a total of seven (7) prequalified contractors with a contract
expiration date of August 21, 2028. The specific requirements of the work will
be determined by individual work orders issued against this annual IAQ
remediation services contract. These contracts are five (5) year
indefinite-quantity contracts with a maximum cumulative value of $3,000,000
across all prequalified contractors. Work will be awarded as work orders on a
lump-sum, competitively bid basis across all prequalified contractors.
Contractors may qualify at any time and be added to this annual IAQ remediation
services contract before the term ends. Projects less than $100,000 are bid
among the pool of certified Small Business Enterprise (SBE) contractors, when
three (3) or more small businesses are qualified under the contract. Projects
$100,000 or greater are advertised on the vendor self-service (VSS) website and
are bid among the pool of pre-qualified contractors while projects $200,000 or
greater are advertised on the VSS website and additionally advertised in the
newspaper. The bidding pool is further expanded, for projects $100,000 or
greater, to include additional bidders responding to the specific project
advertisement that submit a qualification application at least ten (10)
calendar days before the bid due date. The annual IAQ remediation services
contract was presented to the Goal Setting Committee on March 15, 2023 and the
Committee established Affirmative Procurement Initiatives (APIs) of sheltered
market for projects less than $100,000 (when three (3) or more small businesses
are qualified under the annual contract) or an SBE contractor will be given a
price preference for projects $100,000 or greater if its bid is within 10% of
the lowest non-small business bid. Actual Small/Minority/Women Owned Business
Enterprise (S/M/WBE) participation will be identified on each work order, and
will be tracked cumulatively for all work orders issued. (Capital
Improvements) Countywide (MWJ)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
H. FACILITIES DEVELOPMENT
& OPERATIONS (cont’d.)
5. Staff recommends
motion to approve: Consultant Services Authorization (CSA) No. 4 to
the continuing consulting services/design professional services contract
(R2022-0486) with Williamson Dacar Associates Inc. dba Williamson Design
Associates (Consultant) in the amount of $119,388.53 for the Belle Glade Palm
Tran Parking Lot project. Summary: On May 17, 2022, the Board
of County Commissioners (Board) approved the continuing consulting
services/design professional services contract (R2022-0486) with the Consultant
to provide consulting services/design professional services for various federal
projects on a continuing contract basis. This item will authorize professional
services for CSA No. 4 for the Belle Glade Palm Tran Parking Lot project. Palm
Tran desires to restripe the existing bus lot due to deterioration of the
existing striping, the need for additional lighting for added security and the
need to incorporate canopies over the above ground tanks and probe areas for
shelter. Under CSA No. 4, the Consultant will provide professional services
(i.e. design, construction document preparation, bidding and construction
administration phase services) necessary for the parking lot striping,
additional pole mounted lighting and new canopies at the Belle Glade Palm Tran
parking lot. This continuing consulting services/design professional services
contract is exempt from the County’s Equal Business Opportunity Ordinance
pursuant to section 2-80.22 thereof. There is no Disadvantaged Business
Enterprise (DBE) Goal established for this work however; Palm Tran encourages
the bidder to make every attempt to obtain participation of certified DBEs and
other Small Business Enterprises (SBE) certified by a cognizant agency in the
completion of this contract (Race neutral).
The SBE and/or DBE non-mandatory goal for this project is 15%. Funding
for this project is from the Palm Tran Grants Fund. (Capital Improvements
Division) District 6 (MWJ)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT
1. Staff recommends
motion to approve: a Request
for Release of Funds and Certification (HUD Form 7015.15) required for an
environmental review conducted on behalf of the YMCA Foundation of South Palm
Beach County, Inc. (YMCA). SUMMARY: The U.S. Department of Housing and
Urban Development (HUD) awarded a $812,000 Community Project Funding (CPF)
grant to the YMCA to expand the Peter Blum Early Learning Center and to
renovate the youth locker room at its facility located at 6631 Palmetto Circle
South, Boca Raton, FL. The Early
Learning Center provides day care for low and moderate income families in
southern Palm Beach County. The expanded
facility will allow the YMCA to increase the number of children that it assists
on an annual basis. The CPF Program requires that an environmental review be
performed in accordance with Federal regulations at 24 CFR Part 58. Palm Beach County bears responsibility for
completing environmental reviews for HUD-funded projects located within the
geographic area of its land use authority.
The environmental review has been completed and the County must now
provide HUD with a Request for Release of Funds and Certification (HUD Form
7015.15) for the project. The Certification affirms that procedures required by
24 CFR Part 58 have been followed, the activity did not require an
Environmental Impact Statement, and the County will comply with the National
Environmental Policy Act and other environmental laws as they relate to the
activity. A required Notice of Intent to
Request Release of Funds was published on September 6, 2023, and no public
comments were received during a 7-day comment period. Approval of the Certification will allow the
YMCA to proceed with the CPF funded activity. District 4 (HJF)
2. Staff recommends
motion to receive and file: a Loan Agreement in the amount of $2,000,000
in State Housing Investment Partnership (SHIP) Program funds with Davis
Commons, LLC. SUMMARY: The Loan Agreement with Davis Commons LLC.,
provided $2,000,000 in SHIP Program funds toward the construction of Davis
Commons, a 20-unit affordable townhome community on Davis Road in
unincorporated Palm Beach County. All SHIP assisted units will be affordable to
homeowners with incomes no greater than 120% of Area Median Income. The document has been executed on behalf of the Board of
County Commissioners (BCC) by the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 6D-1, as
approved by the BCC on September 13, 2022, that delegated authority to the
County Administrator or designee to execute agreements, amendments, and all
other related documents necessary for project implementation. Agenda Item 6D-1
dated September 13, 2022, awarded SHIP Program Funds to successful respondents
to Request for Proposal HED.2022.3. County
PPM CW-O-051
provides that all delegated contracts, agreements and grants must be submitted
by the initiating department as a receive and file agenda item. These are State SHIP Program
grant funds that do not require a local match. District 3 (HJF)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
3. Staff recommends
motion to receive and file: Nine (9) CDBG Public Service Agreements to provide services under the
Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Program, in the
amount of $242,678, for the period October 1,
2023 to September 30, 2024:
A) Aid to Victims of Domestic Abuse, Inc.
in the amount of $29,125 for
transitional housing and supportive services;
B)
Family Promise of North Central Palm Beach County, Inc. in the amount of
$21,710 for emergency housing and services to the homeless;
C)
Healthy Mothers/ Healthy Babies Coalition of Palm Beach County, Inc. in
the amount of $16,020 for assistance
to uninsured low income pregnant women and their families in order to access
health care, secure payer sources and other services for prenatal care;
D)
Legal Aid Society of Palm Beach County, Inc. in the amount of $46,415 for fair housing education, outreach, advocacy and enforcement
activities;
E)
Palm Beach Food Bank, Inc.
in the amount of $32,500 for assistance
to seniors to qualify for SNAP benefits;
F)
Pathways to Prosperity, Inc.
in the amount of $28,390 for assistance
to persons transitioning out of poverty;
G)
Redlands Christian Migrant Association, Inc. in the amount of $9,633 for child care and development services in the Glades area;
H)
Urban League of Palm Beach County, Inc. in the amount of
$17,777 for foreclosure mitigation counseling, homebuyer education
classes, and pre-purchase homebuyer counseling services; and
I)
Vita Nova, Inc. in the amount of $41,108 for supportive housing and life skills training for youths who
have aged out of foster care.
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
3. SUMMARY: On July 11, 2023
the BCC approved the Palm Beach County Action Plan for Fiscal Year 2023-2024 (R2023-1013), which included $242,678 in CDBG funds allocated to these non-profit agencies to
provide various public services. Kimberly Rommel-Enright, an
employee of the Legal Aid Society of Palm Beach County, Inc., serves on the HIV
CARE Council, a County Advisory Board. Patrick Franklin, an employee of the
Urban League of Palm Beach County, Inc., serves on the Infrastructure Surtax
Independent Citizens Oversight Committee. These boards provide no regulatory oversight, management, or policy-setting
recommendations regarding their agency contracts. Disclosure of these
contractual relationships at a duly noticed public meeting are being provided
in accordance with the provisions of Sect. 2-443, of the Palm Beach County Code
of Ethics. The nine (9) Agreements have
been executed on behalf of the Board of County Commissioners (BCC) by the
Director of the Department of Housing and Economic Development in accordance
with Agenda Item 6D-3 (R2023-1013) as approved by the BCC on July 11, 2023 that delegated authority to the
County Administrator or designee to execute forms, certifications, funding
agreements, amendments thereto, and all other documents necessary for
implementation of the Action Plan, CDBG, HOME and ESG activities. County PPM CW-O-051,
provides that all delegated contracts, agreements and grants must be submitted
by the initiating department as a receive and file agenda item. These
are Federal CDBG funds
which require no local match. Countywide (HJF)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
4. Staff recommends
motion to receive and file: Four (4) Capital Improvement Agreements funded
under Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Program,
in the amount of $989,050, for the period October 1, 2023 to December 31, 2024:
A) City of Greenacres in the amount of $549,481 for the
construction of the Original Section Sanitary Sewer Infrastructure Improvements
Phase II, along
Martin Avenue from 4th Street to Biscayne Drive and bound on the north by 10th
Avenue, to the south by Lake Worth Road, to the east by Haverhill Road and west
by the LWDD E-3 Canal;
B) City of Lake Worth Beach in the amount of
$266,814 for the improvements at the Osbourne Community Center: roof,
restrooms, interior flooring, electrical and HVAC upgrades, lighting and
painting;
C) Town
of Lake Park in the amount of $47,704 for ADA compliant playground improvements
and safety enhancements at West Ilex Park; and
D)
Village of Palm Springs in the amount of $125,051 for the installation of
street lighting and security improvements along Lakewood Road.
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
4. SUMMARY: The Fiscal Year 2023-2024 Action Plan
includes the allocation of $1,458,991 of CDBG funding for Local Entitlement
Municipalities. A portion of this CDBG allocation in the amount of $989,050
will be utilized by the following four (4) municipalities, to undertake capital
improvements. The
City of Greenacres is the recipient of the Special Area of Hope allocation
under FY2023-2024 and will begin Phase II of sanitary sewer improvements to the gravity sewer main of the Original
Section, along Martin Avenue from 4th Street to
Biscayne Drive. The City of Lake Worth Beach will implement exterior and
interior improvements to renovate the
Osbourne Community Center, which serves as a vital public hall to its residents. The Town of Lake Park will undertake Phase II
of the West Ilex Park improvements to increase safety and replace deteriorated
playground equipment with new ADA compliant equipment, surfacing and amenities.
The Village of Palm Springs will
install street lighting along Lakewood Road to increase night visibility for
drivers and greater security to residents within the surrounding area. The four (4) Agreements have been executed on behalf of the Board of County
Commissioners (BCC) by the
Director of the Department of Housing and Economic Development in accordance
with Agenda Item 6D-3 (R2023-1013) as approved by the BCC on July 11, 2023 that delegated authority to the
County Administrator or designee to execute forms, certifications, funding
agreements, amendments thereto, and all other documents necessary for
implementation of the Action Plan, CDBG, HOME and ESG activities. County PPM CW-O-051, provides
that all delegated contracts, agreements and grants must be submitted by the
initiating department as a receive and file agenda item. These are Federal CDBG funds which do
not require a local match. Districts
2, 3, and 7 (HJF)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
5. Staff recommends
motion to receive and file: Three (3) CDBG Code Enforcement Agreements to provide code enforcement services under the Fiscal Year 2023-2024 Community
Development Block Grant (CDBG) Program,
in the amount of $218,438, for the period October 1, 2023 to September 30,
2024:
A) City of Belle Glade in the
amount of $166,616 towards the salary, benefits, vehicle lease and related
electronic equipment of one (1) full-time Lead Code Enforcement Officer and two
(2) Code Enforcement Officers;
B) Town of Mangonia
Park in the amount of $14,833 towards the salary and benefits of one (1) part-time
Code Enforcement Officer; and
C) City of South Bay in
the amount of $36,989 towards the salary and benefits of one (1) full-time Code
Enforcement Officer.
SUMMARY: The three (3) Agreements have been executed on behalf of the Board of County
Commissioners (BCC) by the Director of the Department of Housing and Economic
Development in accordance with Agenda Item 6D-3 (R2023-1013) as approved by the BCC on July 11, 2023 that
delegated authority to the County Administrator or designee to execute forms,
certifications, funding agreements, amendments thereto, and all other documents
necessary for implementation of the Action Plan, CDBG, HOME and ESG activities.
County PPM CW-O-051,
provides that all delegated contracts, agreements and grants must be submitted
by the initiating Department as a receive and file agenda item. These
are Federal CDBG funds which do not require a local match. Districts 6 & 7 (HJF)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
6. Staff recommends
motion to receive and file: a CDBG Economic Development Agreement
(Agreement) with the Center for Technology, Enterprise and Development, Inc.
(TED Center) for $250,000 to provide economic development services under the Fiscal
Year 2023-2024 Action Plan for the Community Development Block Grant
(CDBG) Program. SUMMARY: The
Agreement with TED Center provides $250,000
in Fiscal Year 2023-2024 CDBG funds to assist
with operational expenses for the development and expansion of small businesses
and microenterprises (defined as “commercial enterprises” that have five (5) or
fewer employees). The TED Center is
required to create a minimum of 17 full-time equivalent jobs countywide, with a
minimum of four (4) of the newly created jobs being held by persons residing in
the Glades area. Additionally, at least
51% of the jobs must be held by, or made available to low and moderate income
persons who must reside in the Palm Beach County CDBG jurisdiction during the
term of the Agreement. The TED Center shall also provide business assistance to
62 unduplicated microenterprises or entrepreneurs and conduct 45 training
workshops, with three (3) of the said trainings in the Glades area. The document has been executed on behalf of the Board of County Commissioners
(BCC) by the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 6D-3 (R2023-1013) as approved by the BCC on July 11, 2023 that delegated authority to the
County Administrator or designee to execute forms, certifications, funding
agreements, amendments thereto, and all other documents necessary for
implementation of the Action Plan, CDBG, HOME and ESG activities. County PPM CW-O-051, provides
that all delegated contracts, agreements and grants must be submitted by the
initiating department as a receive and file agenda item. The TED Center
received $250,000 in CDBG funds during Fiscal Year 2022-2023 and successfully
met their deliverables. These are Federal CDBG funds which do not require a local match.
Countywide (HJF)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
7. Staff recommends
motion to approve: An
Economic Development Agreement (Agreement) with the Palm
Beach County Black Business Investment Corporation (BBIC) for $96,000 in
Community Development Block Grant (CDBG) Program
funds and $54,000 in County Ad Valorem funds to provide economic development services, under the Fiscal Year 2023-2024 for the
period of October 1, 2023 to September 30, 2024. SUMMARY: This
Agreement for a total of $150,000 will fund a portion of BBIC’s operational
expenses for providing consulting and financial assistance to existing and
start-up small businesses and entrepreneurs in Palm Beach County. BBIC is required to obtain
eight (8) business loan approvals from financial institutions totaling
at least $750,000 while serving 120 unduplicated clients seeking business
loans, bonding, equity investments and/or other business services. The
businesses assisted by BBIC shall create 15 permanent full-time equivalent
jobs. This Agreement increases the number of loan approvals and amounts, and
that businesses receiving other assistance reported to be unduplicated clients.
Funding for this Agreement will consist of $96,000 of
CDBG Funds and $54,000 in Ad Valorem funds.
BBIC received $54,000 in Ad Valorem funds during Fiscal Year 2022-2023
and successfully met their deliverables. These
are Federal CDBG funds and County Ad Valorem funds which do not require a local
match. Countywide (HJF)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
I. HOUSING AND ECONOMIC
DEVELOPMENT (cont’d.)
8. Staff recommends
motion to receive and file: a CDBG Economic Development Agreement
with the Business Loan Fund of the Palm Beaches, Inc. d/b/a Center for Enterprise
Opportunity (CEO) for $80,000 to provide economic development services under
the Fiscal Year 2023-2024 Community Development Block Grant (CDBG) Program, for the period October 1, 2023 to
September 30, 2024. SUMMARY: The Agreement with CEO provides $80,000 in Fiscal Year 2023-2024 CDBG funds
to provide technical assistance and business support services to small
businesses and persons developing small businesses. CEO is required to create a minimum of 5.5
full-time equivalent jobs advertised countywide, conduct four (4) business plan
training seminars, close four (4) credit builder loans/microloans and provide
business and financial counseling to no fewer than 40 unduplicated businesses
and/or entrepreneurs. Additionally, at
least 51% of the jobs must be held by, or made available to low and moderate
income persons who must reside in the Palm Beach County CDBG jurisdiction
during the term of the Agreement. The document has been executed on behalf of the Board of County Commissioners
(BCC) by the Director of the Department of Housing and Economic Development in
accordance with Agenda Item 6D-3 (R2023-1013) as approved by the BCC on July 11, 2023 that delegated authority to the
County Administrator or designee to execute forms, certifications, funding
agreements, amendments thereto, and all other documents necessary for
implementation of the Action Plan, CDBG, HOME and ESG activities. County PPM CW-O-051, provides
that all delegated contracts, agreements and grants must be submitted by the
initiating department as a receive and file agenda item. CEO received $80,000 in CDBG funds
during Fiscal Year 2022-2023 and is in the process of successfully completing
their deliverables. These are Federal
CDBG funds which do not require a local match. Countywide (HJF)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
1. Staff recommends
motion to approve: Consultant
Services Authorization (CSA) No. 10 to the Contract for Consulting/Professional
Services Water Treatment and Water Resources Engineering Services (Contract)
with CDM Smith Inc., (Consultant) for the Western Region Consumptive Use Permit
Renewal (Project) for a not to exceed amount of $284,660.60. Summary: On November 17, 2020, the Board of County Commissioners approved the
Palm Beach County Water Utilities Department (PBCWUD) Contract (R2020-1719)
with Consultant. CSA No. 10 provides for professional engineering services
relating to the renewal of the Consumptive Use Permit (CUP). These services
include data collection, groundwater modeling, meetings, research regarding
regulatory policy and public water supply availability, preparing a
conservation plan and submitting the permit application. This Contract was procured under the
requirements of the Equal Business Opportunity Ordinance. On September 18, 2019
the Goal Setting Committee applied an Affirmative Procurement Initiative (API)
of a minimum mandatory 20% Small Business Enterprise (SBE) subcontracting goal
and an evaluation preference for up to 15 points based upon the relative level
of dollar participation by certified African American owned firms. The Contract provides for 21% SBE
participation which includes 19% MBE participation, 19% MBE (B). CSA No. 10
includes 45.96% SBE participation, which includes 0% MBE participation, 0% MBE
(B). The cumulative SBE participation
including CSA No. 10 is 38.95% SBE participation, which includes 15.90% MBE
participation, 12.41% MBE (B) and 3.49% MBE (A). Consultant is headquartered in
Boston, Massachusetts, but maintains an office in Palm Beach County from which
the majority of the work will be performed. The Project is included in the PBCWUD FY24 budget. (PBCWUD Project No. 23-040) District 6
(MWJ)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
K. WATER UTILITIES
(cont’d.)
2. Staff recommends
motion to:
A) ratify the Mayor’s signature on the Florida
Department of Environmental Protection (FDEP) Resilient Florida Program grant
application on August 30, 2023 requesting $3,407,500 to fund the hardening and
adaptation of 16 lift stations to address the risk of flooding in Palm Beach
County, in neighborhoods already experiencing significant flooding impacts which
would begin upon grant contract execution and end after four (4) years; and
B) delegate the County
Administrator, or designee, the signatory authority on additional forms,
certifications, contracts/agreements and amendments thereto, and any other
necessary documents related to the FDEP Resilient Florida Program grant that do
not substantially change the scope of work, terms or conditions of the
agreement.
Summary: FDEP Resilient Florida Program aims to
effectively address the impacts of flooding and sea level rise that the state
faces. The Palm Beach County Water Utilities Department (PBCWUD) has applied for
the FDEP Resilient Florida Program grant to fund the hardening and adaptation
of 16 Iift stations to address the risk of flooding in Palm Beach County, in
neighborhoods already experiencing significant flooding impacts. To meet the
grant application deadline, the emergency signature process was utilized
because there was insufficient time to submit this application through the
regular agenda process. In addition, the County Administrator delegated signing
authority to the Deputy Director of PBCWUD. Due to future grant-related items
requiring timely execution by the County, staff is requesting Board of County
Commissioners approval for the County Administrator or designee to approve
grant documents and to act as the designee and liaison for this project.
There is a 50% match required for this
grant in the amount of $3,407,500 which will be funded from a one-time
expenditure from Water Utilities user fees, connection fees and balance brought
forward. Countywide (MWJ)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: Appointments
of two At-Large members to the Natural Areas Management Advisory Committee
(NAMAC). Seat Nos. 1 and 2 are for a
term of three years beginning October 3, 2023 through September 30, 2026.
Seat No. |
Appointment |
Seat Requirement |
Term Ending |
Nominated By |
1 |
Andrew Flanner |
Experience in Management of Natural Areas |
09/30/2026 |
Mayor
Weiss Comm.
Marino Comm.
Woodward Comm.
Bernard Comm. Barnett |
2 |
David Gillings |
Biological Scientist |
09/30/2026 |
Mayor
Weiss Comm.
Marino Comm.
Woodward Comm.
Bernard Comm.
Barnett |
Summary: The
Committee shall review and comment on initial and revised management plans
developed by staff for natural areas and conservation lands managed by
ERM; conduct Public Hearings, and review public comment and/or
recommendations. Resolution No. R2013-1328 provides for a seven-member NAMAC. Membership
consists of one member with experience in the management of natural areas, one
biological scientist, one professional educator with knowledge of South Florida
ecosystems, one representative of a local municipal government parks and
recreation program, one member of the Palm Beach County Parks and Recreation
Department staff, and two citizens having an interest in preservation and
conservation of natural areas. With this
appointment, all seven seats will be filled and diversity count of Caucasian: 6
(86%), and African American: 1 (14%).
The gender ratio (female:male) is 4:3.
Seat Nos. 1 and 2 nominees are Caucasian male. Staff continues to
address the need for increased diversity within our boards and will encourage
expansion of this Board’s diversity. Countywide
(SS)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
2. Staff recommends
motion to:
A) approve Contract for
Consulting/Professional Services (Contract) with the Florida Fish and Wildlife
Conservation Commission (FWC), Fish and Wildlife Research Institute to provide
oyster monitoring in the Lake Worth Lagoon (LWL) in an amount not to exceed
$208,000, commencing upon execution and expiring on April 30, 2027; and
B) authorize the County
Administrator, or designee, to sign all future time extensions, task
assignments, certifications, and other forms associated with the Contract, and
any necessary minor amendments that do not substantially change the scope of
work, terms or conditions of the Contract.
Summary: The Contract authorizes FWC to provide
continued oyster monitoring in the LWL and compares oyster abundance,
recruitment, and health between three natural reefs and three man-made reefs at
County restoration sites as part of monitoring efforts described in the LWL
Management Plan. Oyster monitoring within the current FWC Contract (R2020-0686)
will be completed on June 30, 2023, with final report due on October 30, 2023,
and contract expiration on December 30, 2023. The new Contract will begin prior
to expiration of the current contract in order to ensure there is no gap in
oyster monitoring. Oyster monitoring under the new Contract will begin in
October, 2023. The monitoring project is funded by the Pollution Recovery Trust
Fund and the Manatee Protection Fund. District
2, 7 (SS)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
L. ENVIRONMENTAL
RESOURCES MANAGEMENT (cont’d.)
3. Staff recommends
motion to:
A)
approve Contract for
Consulting/Professional Services between Palm Beach County and Inwater Research
Group (IRG) (Contract) for sea turtle monitoring in an amount not-to-exceed
$44,308, commencing upon execution and terminating January 5, 2025; and
B)
authorize the County Administrator, or designee, to
sign all future time extensions, task assignments, certifications and other
forms associated with the Contract, and any necessary minor amendments that do
not substantially change the scope of work, terms or conditions of the
Contract.
Summary: This Contract provides for a continuation
of monitoring and assessment of sea turtle populations in the Lake Worth Lagoon
(LWL) and Jupiter Inlet sites by IRG, a not–for-profit corporation based in
Martin County. IRG is an organization
that focuses on conservation efforts of key coastal species through unique
in-water sampling and data collection techniques. IRG conducted the first ever in-water assessment
of sea turtles in the LWL in 2005, and has continued to assess populations and
collect data utilized for management strategies related to restoration and
enhancement efforts within the lagoon and adjacent waterways. The LWL Management Plan recommends assessing
sea turtle populations as a means of evaluating the success of environmental
restoration efforts and overall lagoon health. The monitoring is funded by the
Manatee Protection Fund. District 1 (SS)
4. Staff recommends motion to: authorize the Mayor to sign Certificates of
Appreciation for landowners who sell their environmentally sensitive lands to
the County for environmental preservation purposes. Summary: On
November 2, 2021, the Board of County Commissioners (BCC) approved a fiscal
strategy for the spending of
American Rescue Plan Act (ARPA) funds,
which included an allocation of $4,000,000 for the acquisition of environmentally sensitive lands. The resulting willing seller program
focuses on the acquisition of environmentally sensitive lands within Palm Beach
Heights (part of the Pal-Mar Ecosite). Willing
seller offers will continue to be made to the owners of environmentally
sensitive lands within Palm Beach Heights, as well as other portions of the
County. To date, the owners of
twenty-five properties have accepted the County’s offer to purchase their
environmentally sensitive property through this program. Authorizing the Mayor to sign Certificates of
Appreciation would allow the BCC to recognize and further convey its gratitude
to landowners who chose to make environmental preservation part of their legacy
by selling their property to the County.
There is no cost to the County. District 1 (SS)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
1. Staff recommends
motion to receive and file: an executed Promoter Amphitheater Rental
Agreement with DEUTERMANPRODUCTIONS.COM.LLC.,
for the Dirty Heads Concert at Sunset
Cove Amphitheater, for the period August 9, 2023 through August 11, 2023. This
concert generated $18,797 in revenue, with $5,191 in direct expenses; thus
providing a net fiscal impact of $13,606.
Summary: This
Standard Promoter Amphitheater Rental Agreement has been fully executed on
behalf of the Board of County Commissioners (BCC) by the Director of the Parks
and Recreation Department in accordance with Resolution 2023-0423. The
Department is now submitting this Agreement in accordance with County PPM
CW-O-051, which requires all delegated agreements to be submitted by the
initiating Department to the BCC as a receive and file agenda item. District 5 (AH)
2. Staff recommends
motion to receive and file: an executed Sound and Light Production Service Contractor Agreement with Sanderford
Sound, Inc., in an amount not to exceed $1,200 for the Dirty Heads Concert at
Sunset Cove Amphitheater, on August 9, 2023 through August 11, 2023. Summary: This Sound and Light Production Service Contractor Agreement has
been fully executed on behalf of the Board of County Commissioners (BCC) by the
Director of the Parks and
Recreation Department in accordance with Resolution 2009-0592, amended by
Resolutions 2010‑0645, 2014‑0167, 2017-1368 and 2018-0179. The Department is now submitting this
Agreement in accordance with County PPM CW-O-051, which requires all delegated
agreements to be submitted by the initiating Department to the BCC as a Receive
and File agenda item. District
5 (AH)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
M. PARKS & RECREATION
(cont’d.)
3. Staff
recommends motion to: receive
and file a
fully executed Project Agreement Amendment with the Florida Inland Navigation
District (FIND) Waterways Assistance Program Grant Number PB-21-214 for the
redevelopment of the Ocean Inlet Park Marina Phase IIB-to extend the completion
date from September 30, 2023 until September 30, 2024. Summary: On May 4, 2021, the Board
of County Commissioners (BCC) authorized submission of a Waterways Assistance
Program grant application, R2021-0593, to fund a portion of the construction
costs associated with the redevelopment of Ocean Inlet Park Marina. The BCC
also granted the County Administrator or designee the authority to execute the
project Agreement, as well as task assignments, certifications, standard forms,
or amendments to the agreement that do not change the scope of work by more
than 10% or change the terms and conditions of the Agreement. On November 1, 2021, the County was awarded a
$1.5 million FIND grant to fund a portion of the Ocean Inlet Park Marina Phase
IIB Redevelopment Project. The term of
the grant agreement, R2021-1936 was from November 1, 2021 until September 30,
2023. Due to construction delays of Phase IIA, the County was awarded a
one-year project time extension of Phase IIB, extending the completion date
from September 30, 2023 until September 30, 2024. There are no other changes to
the terms of the Agreement as a result of this Amendment. The Project Agreement Amendment was executed
by the Director of Parks and Recreation serving as the County Administrator’s
designee and is now being submitted to the (BCC) to receive and file. District 4 (AH)
OCTOBER 3, 2023
3. CONSENT AGENDA APPROVAL
M. PARKS
& RECREATION (cont’d.)
4. Staff recommends
motion to approve: First Amendment to Infrastructure Surtax
Funding Agreement R2023-0225 (“Funding Agreement”) with Indian Trail
Improvement District (“ITID”) for the Acreage Community Park South Expansion
Project (“Project”) in the amount of $3,000,000 from the Infrastructure Surtax
(IST) Fund to change the location of
the installation of artificial turf from Multi-Purpose Field B to Multi-Purpose
Field A. Summary: Acreage
Community Park is located at 140th Avenue North in unincorporated Palm Beach
County and is managed and maintained by ITID. This 45-acre park features
athletic fields, multipurpose fields, a track, amphitheater, playground, picnic
facilities, walking paths and restrooms. The park is adjacent to the County’s 124-acre
Acreage Pines Natural Area. ITID currently leases approximately 28-acres of
Acreage Community Park (Acreage Community Park South) from the County. On April
4, 2017, the County adopted a project plan to implement the Surtax funded
projects and included an allocation of $3,000,000 towards the construction of a
recreation center at Acreage Community Park. On April 27, 2022, the ITID Board
approved Resolution No. 2022-010 requesting that the funding assigned for the
recreation center be reallocated to additional outdoor recreation amenities
such as Multipurpose Field B, skate park, and associated infrastructure. On
July 25, 2023 the ITID Board approved Resolution No. 2023-012 requesting the
reallocation of funding set aside for the installation of artificial turf from
the new Multi-Purpose Field B to the existing Multi-Purpose Field A. ITID has
determined that this reallocation will improve park operations, maintenance,
safety, accessibility and enjoyment by users. The Amendment replaces the
Conceptual Site Plan depicted in Exhibit “A” of the Funding Agreement with this
proposed modification in Exhibit “A-1”. The proposed change will involve no
change in the estimated cost of construction or affect the allocation to the
ITID of the not to exceed amount of $3,000,000 approved in the Funding
Agreement. This project is funded through the infrastructure sales tax.
District 6 (AH)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
N. LIBRARY
1. Staff recommends
motion to approve:
a subscription agreement between Palm Beach County and Creativebug, for a (1)
year term beginning on October 15, 2023, with
renewal options not to exceed five years, in the amount of $22,000 each year. Summary:
The Library Department requests a new one (1) year term with four (4)
additional one (1) year automatic renewal periods with Creativebug. This agreement would provide residents with
all-access, no boundaries pass to explore thousands of classes. People of all
skill levels can work alongside instructors to learn craft techniques.
Creativebug is an easy to use personalized platform, is simple and intuitive,
with features like chapter divisions, note-taking tools, 20-second rewind and
more. The Agreement contains liability
provisions that differ from that adopted for use by the County under PPM
CW-F-049. In accordance with PPM
CW0F-049, Risk Management and the County Attorney’s Office have reviewed the
language and advised the Library Department of the associated risks. Due to business needs and the benefits to be
derived from the Agreement, Risk Management and the County Attorney’s Office
have agreed to allow the Department to move the agreement forward for Board of
County Commissioner approval. The Agreement
caps Creativebug’s liability to $22,000 and requires Creativebug to indemnify
the County for infringement claims only.
Countywide (AH)
X. PUBLIC SAFETY
1. Staff recommends
motion to approve: a
Contract for Professional Services in the area of veterinary and medical
services with Dr. Linda Gregard, DVM, PLLC, for relief veterinary services at
the main shelter in an amount not to exceed $62,000 for the period of October
3, 2023 through October 2, 2024 with automatic renewals for three (3) additional
one (1) year terms. Summary: The Animal Care and
Control Division is required to provide appropriate and necessary veterinary
services for sheltered animals. The relief veterinarian will enable staff to
maintain an acceptable number of veterinarians to handle the volume of animals
processed, especially during periods of high influx. Countywide (SF)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
2. Staff
recommends motion to:
A)
receive and file the
executed Amendment 11 for subcontract #16TFGR26 with the Florida Council
Against Sexual Violence (FCASV) in the amount of $267,024 to define tasks and
deliverables for the period retroactive to July 1, 2023 through June 30, 2024,
to provide sexual assault recovery services for a total of $1,471,835 for the
period of July 1, 2016 through June 30, 2026; and
B)
approve Budget Amendment of
$227,691 in the Public Safety Grants Fund to adjust the budget to the actual
grant awards.
Summary: FCASV provides
funding to Palm Beach County Department of Public Safety Division of Victim
Services (DVS) through the award of annual grants to support and enhance sexual assault recovery
services to primary and secondary victims. Amendment 11 to subcontract
#16TFGR26 (R2016-1195,CSFA 64.061 and CSFA 64.069), revises the contract amount
from $1,204,811 to $1,471,835 which is inclusive of the $1,204,811 allocation
received in the previous grant periods and $267,024 allocated for the current
grant period. Amendment 11 defines tasks/deliverables such as client
eligibility, services including a 24-hour helpline, information and referral,
crisis intervention, advocacy, accompaniment, community awareness, system
coordination, support/personal growth groups, therapy, sexual violence-specific
outreach activities and documentation thereof. These contracts will continue to
fund two Victim Advocates and one Victim Services Project Coordinator. The
Project Coordinator specializes in follow up care for victims of sexual assault
and provides services such as organizing comprehensive medical follow up and
other supportive services as needed. From
July 1, 2022 to June 30, 2023, the DVS assisted 1,035 new and ongoing primary
and secondary victims with 13,298 units of service. If grant funding ceases, the positions
associated with this contract will be deleted from the DVS complement. R2006-0095 authorized the County Administrator
or designee to execute FCASV grant contracts on behalf of the County. No County matching funds are required. Countywide
(RS)
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
X. PUBLIC SAFETY
(cont’d.)
3. Staff
recommends motion to:
A)
accept Urban Area Security
Initiative (UASI) GY 2022 – Award Letter;
B) receive and file Memorandum of Agreement (MOA) UASI FY 2022
agreement number R0588 with the City of Miami to receive $610,726 in
reimbursable grant funding for the period July 26, 2023 through June 30, 2024;
and
C) approve Budget Amendment of $566,697 in the (UASI) Grant
Fund to adjust the budget to the actual grant award.
Summary: This MOA (CFDA # 97.067)
provides a means of funding various domestic security activities within the
County using Federal UASI funds through the City of Miami as the UASI’s fiscal
agent. UASI awarded $610,726 to the County’s Public Safety Department
Division of Emergency Management for planning, training and exercise,
logistics/deployable equipment, equipment for All Hazards Incident Management
Team, and regional Citizen Corps/CERT planning, training, exercise and
equipment. R2013-0622 gave authority to
the County Administrator or designee, to execute these agreements on behalf of
the Board of County Commissioners; that
do not substantially change the scope of work, terms or conditions of the MOA. No
County matching funds are required. Countywide
(DB
OCTOBER 3, 2023
3. CONSENT
AGENDA APPROVAL
Z. RISK MANAGEMENT
1. Staff recommends
motion to approve: The purchase of
airport liability insurance, for the period October 10, 2023 through October
10, 2024; to be purchased through the County’s contracted broker, Risk
Management Associates, Inc., a wholly owned subsidiary of Brown and Brown, for
a total not-to-exceed cost of $152,322. Summary: The renewal premium of $152,322 for airport
liability through American International Group (AIG) represents an 11.47%
increase over the expiring premium. While the renewal rate for airport
liability remains stable, we have seen an 11% overall increase in foot traffic
in our airports in 2023. That change is reflected as a liability to our carrier
as our policy has a $0 deductible. The
overall policy limit of liability will remain at $200,000,000 with several
sub-limits for miscellaneous coverages. Countywide
(HH)
2.
Staff recommends
motion to approve:
A) the actuarial rates per coverage tier for the County’s self-funded medical
CHOICE, HMO, and POS health plans for plan year 2024; and
B) employee wellness participation cash incentives in the amount of $25 per employee for completion of the online Health Risk Assessment (HRA) and $25 per employee for participation in a biometric screening that meets the requirements of the County’s wellness program.
Summary: Staff recommends Board approval of the 2024 plan rates for the Employee Self-Funded Medical Benefits Plan (Contract No. 22-076/MD) with UHC for the period January 1, 2024 through December 31, 2024 on behalf of the employees of the Board of County Commissioners, Supervisor of Elections, and Palm Tran, Inc. (collectively participating in the plan through the provisions of Inter-local Agreement R2002-2287, as amended). The total conservative projected costs for plan year 2024 are $79,183,726. These projections include claims, fixed administrative, access, utilization and disease management fees, as well as stop loss insurance costs and other ancillary costs and fees, less any pharmacy rebates. In order to ensure the continued financial stability of our fund, staff is recommending a 10% increase to maintain a margin for the Office of Insurance Regulation ("OIR") safe harbor 60 day surplus threshold. This increase has been contemplated in the 2024 budget. Sufficient funds have been budgeted to fund the program. Countywide (HH)
* * * * * * * * * * * *
OCTOBER 3, 2023
4. SPECIAL
PRESENTATIONS – 9:30 A.M.
A) Welcome/Introduction of Michele Mistň
Consul General of Italy in Miami. (District 5)
B) Proclamation
declaring October 2023 as Italian American Heritage Month. (District 5)
C) Proclamation
declaring October 27 – November 4, 2023 as Mobility Week. (District 2)
D) Proclamation recognizing Dr. Heidi Schaeffer for receiving the 2022
Spirit of Community Award. (District 6)
E) Proclamation declaring October 15, 2023 as National Latinx HIV/AIDS
Awareness Day. (District 2)
F) Proclamation
declaring October 1 – 7, 2023 as National 4-H Week. (District 6)
G) Proclamation declaring October 28, 2023 as International Creole Day.
(District 7)
H) Proclamation declaring October 3, 2023 as Wellington Chamber of Commerce
Day.
(District 6)
I) Proclamation
declaring October 2023 as Poverty Awareness Month. (District 7)
J) Proclamation
declaring October 2023 as National Energy Awareness Month. (District 1)
* * * * * * * * * * * *
OCTOBER 3, 2023
A. ADMINISTRATION
1. Staff recommends
motion to adopt: The proposed 2024 State Legislative Agenda.
Summary: The 2024 State Legislative Agenda
outlines issues that the County's Legislative Affairs and Intergovernmental
Affairs Offices, in conjunction with the County's contract state lobbyists,
will advocate for, and work to oppose during the upcoming 2024 state
legislative session. The 2024 State Legislative Agenda includes general
government and environmental & natural resources issues with a focus on
items related to Glades economic development, substance use and mental health, affordable
housing, homelessness, protection of county ordinances, transportation and
water and environmental restoration. Topics covered will include, but are not
limited to: BCC policy priorities; Palm Beach County appropriations; statewide
legislation affecting Palm Beach County; and Local Bills affecting Palm Beach
County. Countywide (SS)
B. AIRPORTS
1. Staff recommends
motion to:
A) receive and file Federal Aviation Administration (FAA) Grant Agreement Number 3-12-0085- 073-2023 in the amount of $4,476,583 for construction services for the Replacement of Point-of Use (POU) Pre-Conditioned (PC) Air (14 Units) at Palm Beach International Airport (PBI). Delegation of authority for execution of this grant was approved by the BCC on August 25, 2020 (R2020-1017). This grant is effective as of July 12, 2023 with an expiration date of July 11, 2027;
B)
receive and file FAA Grant
Agreement Number 3-12-0085-074-2023 in the amount of $5,116,095 for construction services
for the Replacement of POU PC Air System (16 Units) at PBI.
Delegation of authority for execution of this grant
was approved by the BCC
on August 25, 2020
(R2020-1017). This grant is effective as of September 7, 2023 with an expiration date of September 6, 2027;
C) approve Amendment No. 11 to the Construction Manager (CM) at Risk Contract
(Contract) with The Morganti
Group, Inc. (MGI)
for CM at Risk Services
for Airport Improvements for Palm Beach County Department of Airports
(Department) in the amount of $13,662,600 and 676 Calendar Days for Work Order
MC 21: Pre-Conditioned (PC) Air Point of Use (POU) Replacement Project at PBI; and
D) approve a Budget Amendment of $9,592,678 in the Airport's
Improvement and Development Fund, which
includes a transfer from Reserves in the amount of $4,069,922 to recognize the
receipt of grant funding from the FAA.
OCTOBER 3, 2023
5. REGULAR AGENDA
B. AIRPORTS (cont’d.)
1. Summary: The FAA has issued a Grant Offer (Assistance Listings Number 20.106) reflecting its commitment of funding in the amount of $4,476,583 for the Replacement of POU PC Air at PBI. The FAA also issued a Grant Offer (Assistance Listings Number 20.106) reflecting its commitment of funding in the amount of $5,116,095 for the same project at PBI. This project includes local funds in the amount of $4,069,922 which includes a local match totaling $3,197,559 required by the grants. The Contract with MGI for CM at Risk Services for Airport Improvements for the Department was approved by the Board on January 15, 2019 (R2019-0042). The Contract is for 2 years with 3 one (1) year renewal options and is a task/work order based contract for CM at Risk services. The MGI, is a Danbury, Connecticut, based firm; however, the work will be directly managed by their southeast regional office in Palm Beach County. The Contract value to date is $26,080,064.49. Approval of Amendment No. 11 in the amount of $13,662,600 and 676 Calendar Days will enable MGI to complete Work Order MC 21: PC Air POU Replacement Project at PBI. The conditioned air to the passenger boarding bridges at PBI is provided by an existing central glycol chiller plant that is nearing the end of useful life. This project will include replacing the existing, cooling towers, piping and air handlers with a new POU system of PC Air units at each existing boarding bridge. It will also include a new automated control system to monitor and optimize operation of PC Air and 400 Hertz ground power units and new electrical infrastructure to support the new PC Air equipment. This project is partially funded with FAA grant funds. A Disadvantaged Business Enterprise (DBE) goal of 12% was established for this Contract. Due to the specialized scope, the DBE participation for this Work Order is 8%. DBE participation for this Contract to date is 22%. Pursuant to changes to Chapter 332, Florida Statutes, effective July 1, 2023, a governing body of a medium hub commercial service airport may not approve purchases of contractual services in excess of $1,000,000 on a consent agenda. This Amendment exceeds the threshold amount and must be approved on the regular agenda. Countywide (AH)
OCTOBER 3, 2023
5. REGULAR AGENDA
C. ENVIRONMENTAL RESOURCES MANAGEMENT
1. Staff recommends
motion to approve: The 2023 update of the Management Plan (Plan) for
Pine Glades Natural Area. Summary: The initial Plan was approved by the Board of County Commissioners on
May 6, 2008. The Plan identifies natural resources present on the natural
area and provides for the preservation, restoration, management and passive
recreational use of those resources. The Natural Areas Management Advisory
Committee (NAMAC) unanimously recommended the updated Plan for approval at its
July 21, 2023 meeting. Initial invasive/nonnative vegetation removal, fence and
regulatory sign installation, and public use facilities have been completed
since the original Plan in 2008. Annual management and operating costs,
including prescribed burns/mechanical vegetation reduction, ongoing
invasive/nonnative animal and plant control, repair and replacement of
facilities, and biological monitoring and reporting are estimated to be $1,315,932. This cost is for
the current fiscal year and is expected to increase as described in the Summary
of Fiscal Impact. Funds for
capital improvements, and annual management and operation of the site are
expected to come from the Natural Areas Fund, Natural Areas Stewardship
Endowment Fund, Ag Reserve Land Management Fund, and/or ad valorem funding
sources.
District 1 (SS)
OCTOBER 3, 2023
5. REGULAR AGENDA
D. HOUSING AND ECONOMIC DEVELOPMENT
1. Staff recommends
motion to receive and file: the “HOUSING FOR ALL; A Countywide Housing
Action Plan for Palm Beach County” (Plan) prepared by the Housing Leadership
Council of Palm Beach County (HLC). SUMMARY: The HLC is a non-for-profit organization founded in 2006 by community
and business leaders to address workforce/affordable housing issues. The HLC
led a Countywide effort to study the housing crisis in Palm Beach County and to
develop a Plan to serve as a blueprint to achieve a significant increase in
workforce and affordable housing. The goal of the HLC’s Plan is to produce,
rehabilitate and preserve 20,000 units of workforce and affordable housing by
2032. The Plan focused on four areas of opportunity: Funding &
Financing, Planning & Regulatory Reform, Neighborhood Revitalization &
Community Development, and Racial Equity. County Departments including the
Housing & Economic Development, Planning Zoning & Building, Community
Services and Office of Community Revitalization worked with the HLC to provide
comments and analysis. On April 25, 2023, HLC presented a draft of the Plan to
the Board of County Commissioners (BCC). The BCC requested continued review of
the Plan. The Plan is now in its final
form and staff has reviewed and commented on each action item. Staff comments
which are incorporated in the attached document consider whether the County has
implemented the action, the action is under review and additional discussion is
needed with the BCC or the action is not applicable to the BCC. Countywide
(HJF)
OCTOBER 3, 2023
5. REGULAR AGENDA
D. HOUSING AND ECONOMIC DEVELOPMENT
2. Staff recommends
motion to approve: Palm
Beach County Housing Bond Proceeds Allocation Process (Process). SUMMARY:
On November 8, 2022, the voters of Palm Beach County approved the issuance of
Workforce/Affordable Housing General Obligation Bonds (Bonds) in an amount not
to exceed $200M for the purpose of financing all or a portion of newly created
workforce and affordable housing within Palm Beach County. The Process includes
approved General Guidelines from the Resolution (R2022-0626) calling for the
Bond approved by the voters and proposed funding criteria and processes
including project requirements, loan terms deed restrictions, project
selection, credit underwriting and compliance and monitoring requirements.
Numerous meetings and discussions were held with stakeholders including housing
developers, financial institutions, the Economic Council, the Housing Leadership
Council and municipalities to gather input for the development of the
Process. At a future date, staff will
request to the Board of County Commissioners, additional positions needed to
manage the Process and distribution of the Bond funds. Countywide (HJF)
OCTOBER 3, 2023
5. REGULAR AGENDA
E. FACILITIES DEVELOPMENT AND OPERATIONS
1. Staff recommends
motion to approve:
A) an Agreement for Purchase and Sale of a 1.40 acre parcel of vacant land
located north of Indiantown Road and east of Bee Line Highway from Jan Huse, as
attorney-in-fact for The Estate of Han V. Huse, for $21,700 plus closing, title
insurance and recording costs estimated to be $545; and
B) a Memorandum of Agreement with
Jan Huse, as attorney-in-fact for The Estate of Han V. Huse, to be recorded in
the public records to provide notice of this Agreement.
Summary: On November
2, 2021, the Board of County Commissioners (Board) approved a Fiscal Strategy
for the spending of American Rescue Plan Act (ARPA) funds, which included an
allocation of $4,000,000 for the acquisition of environmentally sensitive
lands. The parcel owned by the Estate of Han V. Huse (Parcel) is an interior
parcel located in an area known as Palm Beach Heights (part of the Pal-Mar
Ecosite). The Pal-Mar Ecosite is part of a large ecological greenway that
stretches from just west of the Atlantic Ocean to just east of Lake Okeechobee.
The area provides habitat for a wide variety of native plants and animals and
it is part of a hydrologically significant region that includes the headwaters
of the federally designated Wild and Scenic Northwest Fork of the Loxahatchee
River. Hence its value as environmentally sensitive land. Appraisals were
obtained from Anderson & Carr, Inc. and M.R. Ford & Associates, Inc.
who assigned a $15,000 and $16,000 per acre value for interior Palm Beach
Heights parcels, respectively. Callaway & Price, Inc. reviewed the
appraisals and concluded a reasonable aggregate value of $15,500 per acre for
interior Palm Beach Heights parcels, which is the basis of the offer. Jan
Huse, an Attorney-in-Fact for The Estate of Han V. Huse, executed the Agreement
for Purchase and Sale as the Seller for the Estate. Jan Huse, Britt Huse
Trotter, Per Huse and Helge Huse will benefit from the sale of the Parcel, with
each having a 25% interest. At closing, the title company is requiring that all
four of the individuals execute the deed. The Agreement allows for the
County’s due diligence review of the Parcel within 45 days of Board
approval. The County will pay title insurance policy premium, closing and
recording costs estimated to be $545 for the Parcel. The Environmental Resources
and Management (ERM) Department will perform pre-acquisition environmental
assessments for the Parcel prior to closing. A boundary survey will not
be obtained for the Parcel due to the remote location. ERM will be
responsible for the administration of the Parcel. All costs related to
the acquisition will be paid from existing funds received from the ARPA
Response Replacement Fund. These are County ARPA Response Replacement funds
that do not require a local match. This acquisition must be approved by a
supermajority vote (5 Commissioners). (Property & Real Estate
Management) District 1 (HJF)
OCTOBER 3, 2023
5. REGULAR AGENDA
F. COUNTY ATTORNEY
1. Staff recommends
motion to approve:
a Contract for Professional Legal Services with Walton Lantaff Schroeder &
Carson LLP to provide workers’ compensation litigation defense services for
Palm Beach County, Palm Tran Inc., and Constitutional Officers participating in
the County’s Self-Insurance Program for a period retroactive of three
(3) years, beginning to October 31, 2023, and
continuing for three (3) years, with two (2) renewal options each for a term of
one (1) year at the same annual fixed fee of $522,650, plus reasonable
costs and expenses not to exceed three percent (3%) of the total fees $15,679.50
per fiscal year. Summary:
Walton Lantaff Schroeder & Carson LLP currently provides workers’
compensation litigation defense services for Palm Beach County, Palm Tran Inc.,
and Constitutional Officers participating in the County’s Self-Insurance
Program. Their current contract expires on September 30, 2023. Following a
competitive selection process, staff recommends this Contract for Professional
Legal Services be awarded to Walton Lantaff Schroeder & Carson LLP to
provide workers’ compensation litigation defense services beginning October 31,
2023. Countywide (DO)
* * * * * * * * * * * *
OCTOBER 3, 2023
A. COMMISSION
DISTRICT APPOINTMENTS
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OCTOBER 3, 2023
A. ADMINISTRATION
COMMENTS
1. Staff recommends
motion to receive and file: The
updated Board Directive Reports which include in process and completed board
directive items. SUMMARY: At the February 6, 2018 Board of County
Commissioners Meeting, direction was given to the County Administrator to submit
monthly a status report of the board directives. The report categorizes: 1) In Process Items and 2)
Completed Items. The report continues
to be updated on an on-going basis. Countywide
(DC)
B. COUNTY ATTORNEY
OCTOBER 3, 2023
District 1 – COMMISSIONER MARIA G. MARINO
District 2 – COMMISSIONER GREGG K. WEISS
District 3 – COMMISSIONER MICHAEL A. BARNETT
Requesting approval for off-site
Proclamation recognizing Legacy Church Ministries for 50 Years of
Service to the Community.
District 4 – COMMISSIONER MARCI WOODWARD
District 5 - COMMISSIONER MARIA SACHS
District 6 - COMMISSIONER SARA BAXTER
District 7 – COMMISSIONER MACK BERNARD
Requesting approval for off-site
Proclamation for 112th National Day of the Republic of China
(Taiwan)
OCTOBER 3, 2023
9. MATTERS BY THE PUBLIC – 2:00 P.M.
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OCTOBER 3, 2023
10. ADJOURNMENT
"If a person decides to appeal any decision made by this Commission
with respect to any matter considered at this meeting or hearing, he will need
a record of the proceedings, and that, for such purpose, he may need to ensure
that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based."